Unlawful Possession of Firearm in Texas

Posted on May 10, 2018 11:04am PDT

Texas citizens are proud of their right to bear arms – it’s
a right that many residents take seriously. Our weapons allow us to protect
ourselves, our homes and properties, and most importantly, our families.
However, this right can be taken away when we’re convicted of certain
types of crimes, namely felonies and domestic violence.

If you were convicted of a felony or restrained from possessing or controlling
a firearm because of spousal or child abuse, you could be considered a
“prohibited possessor,” which is someone who is prohibited
by law from owning, controlling, or possessing firearms.

Under
Section 46.04 of the Texas Penal Code,
Unlawful Possession of Firearm, it’s against the law for a “prohibited possessor” to
possess a firearm before they have legally retained their firearm privileges.
These two classes of individuals cannot possess a firearm: felons and
individuals convicted of family violence.

Under Sec. 46.04, it’s against the law for anyone convicted of a
felony to possess a firearm before the fifth anniversary of the felon’s
release from confinement from
community supervision, mandatory supervision, or parole.

A person also commits an offense under Sec. 46.04 if they are convicted of a
family violence offense, which is punishable as a Class A misdemeanor and they possess
a firearm before the fifth anniversary of their release from confinement
or community supervision following the conviction of the misdemeanor for
domestic violence.

Is it a Felony or Misdemeanor Offense?

Unlawful possession of a firearm is charged as a third-degree felony if
the defendant was previously convicted of a felony, and it’s a Class
A misdemeanor if the individual was convicted of a Class A misdemeanor
offense for family violence.

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Disclaimer

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.